Illegal Termination [Thread 545464]

Dear Rao,
Greetings from MPower HR and Labour Laws Solutions, Bangalore
Kindly call to my below number for the discussion and further understand.
Regards,
Govind Sagar
9036368502

I am afraid there is no option for going to Supreme Court under Article 32 as he is not in public service and no fundamental rights are involved. He may approach the High Court under Article 226 or file a Civil Suit in the jurisdictional Court.

Article 14 has been infringed. Rao has not been given opportunity to be heard. Company has ignored the due legal process and set an example of vulnerability of Roa at the hands of Power elite. It also offends the spirit of Directive Principles contained in Article 39(a) and 41 of the Constitution.
Moreover, I have been focusing on PIL. This is not happened with only Rao. It is happening everyday across India. Some reported many unreported.
Recent stay of SC against Allahabad High Court decision against Siksha Mitra is commendable.
Thanks& Regards,
9968337815

Hi all, my sincere thanks to all for responding to the issue. My friend has sent out a legal notice to the company. Alternatively he is approaching the Labour Commissioner (this may work out or not), but this will be like trouble shooting to the employer. On the PIL, my friend is thinking on it.
Is it possible to approach the High Court directly on this matter by moving a Misce petition. I heard that High Court may not entertain the petition unless we approach the lower court and get the orders. I request members to suggest on this.
I will be posting the updates. Once again, thank you very much. It is a very good forum and lot of meaningful discussions are going on.
Knowledge Sharing is Knowledge Gaining.
Cheers,

High Courts have a wider jurisdiction under Article 226 than the Supreme Court under Article 32. A Writ Petition to High Court lies if the case involves violation of statutory or constitutional rights. However, please note that a Writ Petition is discretionary remedy and there are uncertain factors as to the relief you may be able to get.
Personally, it is my considered opinion that a civil action in the local court provides the best remedy.

True, agreed with the opinion of Pvenu. It depends on the nature of the suit and the purpose of suit. Freedom of choice depends upon the purpose of the litigants. Rao has already adopted soft, slow and steady stand to achieve his goal. Good luck!!!

Dear Mr.Venu & Poddar, thank you very much for your views and the wishes. I know it's a long way to achieve the intended goal. My friend is very firm and he is of the hope that the things will be in his favour.
Regards,

Dear Experts, one more advice is needed.
1. My friend has not got the Service Certificate. He has very recently requested for it.
2. Can the organisation deny in issuing the Service Certificate?
3. If yes, on what grounds and why.
4. What action my friend can initiate.
Thank you,

Under the prevailing situation of Undeclared State emergency by the Ruling almighty Government, your friend do not require any certificate by the Private Company.
Your competency, conduct and honesty is the bona-fide certificate to earn livelihood in the open market. Try to analyze the present situation and retrospect your own ability and goal of your life.

Dear questioner,
From your post it seems that your friend was employed in managerial capacity. As such he is not entitled to any remedy against his alleged illegal termination under the Labour Laws. No Writ would lie against a private employer. So the only option available to your friend is to seek Civil remedy and claim just damages for the breech of the contract of employment so that it can mitigate the effect of the illegal termination to some extent.